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2004 Supreme(SC) 1434

B.P.SINGH, ARUN KUMAR
State Of Punjab – Appellant
Versus
Parveen Kumar – Respondent


JUDGMENT

B.P. Singh, J.-This appeal by special leave is preferred by the State of Punjab against the judgment and order of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 481-DB/95 dated 11th December, 1998 whereby the High Court allowed the appeal of the respondent herein and set aside his conviction under Section 302 and alternatively under Section 304-B IPC and the sentence of life imprisonment passed against him.

2. We have heard counsel for the parties at length and perused the evidence on record.

3. Apart from the appellant, Praveen Kumar, who was the husband of Geeta Rani, deceased, his father and mother as well as his younger sister were put up for trial before the Sessions Judge, Bhatinda. They were charged of offences under Sections 302, 304B and 498A IPC. The learned sessions judge dis-believing the case of the prosecution as against the remaining accused acquitted them of the charges levelled against them, but convicted only the respondent herein under Section 302 IPC as well as under Section 304B IPC and sentenced the respondent to undergo imprisonment for life under Section 302 IPC without passing a sentence under Section 304-B IPC.

4. The deceased














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